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Judicial Independence

The independence of the judiciary is essential for the respect for the rule of law. It is a precondition for unbiased enforcement of the law to all persons and an essential component for strengthening the judicial systems of Latin America.

Transparency is a fundamental component of judicial independence: we can only assure this independence if we have relevant information about the judiciary and its performance. Unfortunately, judicial systems in Latin America continue to be closed and opaque. This lack of information leaves too much room for arbitrary decisions, allowing for influence peddling and corruption, which damages the already limited confidence citizen have in the judiciary. More

The performance of judicial systems in Latin America is deficient. An important reason for this is undue interference by the executive and legislative power in the processes for selecting supreme court magistrates. This manipulation causes members of high courts to be selected based on personal and political proximity to the current government, instead of their suitability for the position. More

Pre-trial detention is an extreme measure which should only be applied for the minimum amount of time possible. Nevertheless, the reality in Latin America is different. Many Latin American judicial officials, pressured by public opinion towards harsher punishments due to previously weak judicial responses, apply extensive and many-times arbitrary pre-trial detention. More